Law Commons^™

One Crisis Or Two Problems? Disentangling Rural Access To Justice And The Rural Attorney Shortage, Daria F. Page, Brian R. Farrell

Washington Law Review

We have all seen the headlines: No Lawyer for Miles or Legal Deserts Threaten Justice for All in Rural America. There is a substantial body of literature, across disciplines and for diverse audiences, that looks at access to justice in rural communities and geographies. However, in both the popular and scholarly imaginations, the access to justice crisis has been largely conflated with the shortage of local attorneys in rural areas: When bar associations, lawyers, and legal academics define the problem as not enough lawyers, more lawyers become the obvious solution. Consequently, programs aimed at building pipelines from law schools …

Democracy Under Attack: Iowa’S ‘Bloody Second’, Dylan Mccloskey

SLU Law Journal Online

The 2020 election is in the past for most Americans, but not for Iowans who live in the Second Congressional District where a contested election challenge is just beginning. Dylan McCloskey discusses how a contested election works and what impact this may have on our democracy.

*Photo by Darren Halstead on Unsplash

Disposition Of Frozen Preembryos In The Case Of Divorce: New York Should Implement A Modified Mutual Contemporaneous Consent Approach, Kasey Bray

Touro Law Review

No abstract provided.

Winks, Whispers, And Prosecutorial Discretion In Rural Iowa, 1925-1928, Emily Prifogle

Articles

Through the eyes of Charles Pendleton’s memoirs, this article walks through a rural community with a county attorney to consider how race, religion, gender, and sexuality influenced rural prosecutorial discretion in the early twentieth century. Rural communities like those in Buena Vista County, Iowa, where the article is centered, experienced “the law” through distinctly isolated geographies and social networks that lacked anonymity and thus shaped available methods of conflict resolution. But anonymity did not mean homogeneity. Ethnic, racial, and religious diversity created divisions within a community where social distance between individuals was small. Both onymity and diversity shaped who should …

We Interrupt This Program...To Talk Of Transfer Restrictions, Daniel S. Kleinberger

Faculty Scholarship

A recent Iowa decision, REG Washington, LLC v. Iowa Renewable Energy LLC, is a useful first word on transfer restrictions applicable to ownership interests in a limited liability company, and more particularly transfer restrictions applicable to so-called transferable interests, i.e., economic rights. The decision’s analysis centers around the “pick your partner” principle and expressly rejects any analogy to corporate law cases addressing stock transfer restrictions. The decision raises certain issues and is hardly the last word on this topic.

The Stereotyped Offender: Domestic Violence And The Failure Of Intervention [Batterer Intervention Program (Bip) Standards Data, As Of 2015], Carolyn B. Ramsey

Research Data

These 19 comparative data tables relating to state and local certification standards for batterer intervention programs (BIPs), as of 2015, are electronic Appendices B-T to Carolyn B. Ramsey, The Stereotyped Offender: Domestic Violence and the Failure of Intervention, 120 Penn. St. L. Rev. 337 (2015), available at http://scholar.law.colorado.edu/articles/56/. Appendix A is not reproduced here because it simply contains citations to the state and local standards, but it is published with the journal article.

When Children Object: Amplifying An Older Child’S Objection To Termination Of Parental Rights, Brent Pattison

University of Michigan Journal of Law Reform

Each year, thousands of children become wards of the state when a court terminates the legal rights of their parents. Between 2010 and 2014, more than 307,000 children lost their legal relationships to their parents in Termination of Parental Rights (TPR) proceedings. A growing percentage of child welfare cases involve older children. At the same time, too many young people lose their legal relationships with their parents without a family waiting to adopt them. The stakes are high for children in TPR cases; nonetheless, many children—even older children—cannot meaningfully participate in proceedings. Moreover, TPR cases threaten parents’ and children’s rights …

Madonnas And Whores In The Workplace, Jessica Fink

William & Mary Journal of Race, Gender, and Social Justice

Much has been written about “lookism”—the preferential treatment given to those who conform to societal standards of beauty. But in a recent case before the Iowa Supreme Court, a sex discrimination plaintiff alleged “reverse-lookism,” claiming that her male employer terminated her long-term employment because she was too physically attractive, thus tempting the employer to consider entering into an extramarital affair. To the great surprise of many who followed this case, the Iowa Supreme Court sided with the employer, declining to find him liable for sex discrimination. As one might expect, uproar ensued, with the media, the public, and the academic …

Public Defenders And Appointed Counsel In Criminal Appeals: The Iowa Experience, Tyler J. Buller

The Journal of Appellate Practice and Process

No abstract provided.

Emerging Practices, Transition: Funding Mechanisms (Issue Number 5 Of 8), Jean Winsor, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Emerging Practices, Transition: Interagency Collaboration (Issue Number 1 Of 8), Jean Winsor, Cady Landa, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

In October 2011, the Administration on Developmental Disabilities awarded grants to lead agencies in six states: California, Iowa, Mississippi, Missouri, New York, and Wisconsin. Two additional states, Alaska and Tennessee, received grants in October 2012. These states proposed activities to spur improved employment and post-secondary outcomes for youth with intellectual and developmental disabilities (IDD). The Institute for Community Inclusion and the National Association of State Directors of Developmental Disabilities Services are providing training and technical assistance (TA) to the eight state projects through the Partnerships in Employment (PIE) Training and TA Center.

Partnerships project work is framed by the High …

Hiring, Etc., Of Aljs In Central Panel States - An Exchange, Joe E. Smith, John W. Maurer, Michael B. Lepp

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Retention Redux: Iowa 2012, Todd E. Pettys

Todd E. Pettys

In 2010, Iowa voters ousted three members of the Iowa Supreme Court for their participation in that court's ruling that Iowa's statutory ban on same-sex marriage violated the Iowa Constitution. In 2012, however, Iowa voters opted to retain a fourth member of that same court. This article examines the differences between the two elections.

Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin

Patricia E. Salkin

This article reviews reported cases and opinions documenting allegations of unethical conduct involved in land use planning and zoning decision making in 2006.

Constitutional Rights And Judicial Independence: Lessons From Iowa, Ian C. Bartrum

Ian C Bartrum

Iowa held its 2010 judicial retention elections in the shadow of Varnum v. Brien, the 2009 Supreme Court opinion recognizing same sex marriage. As the result of highly politicized campaign, three talented jurists lost their seats on the Court.

This commentary examines that election and offers a structural solution that might better protect constitutional rights against majoritarian intimidation.

Constitutional Rights And Judicial Independence: Lessons From Iowa, Ian C. Bartrum

Scholarly Works

Iowa held its 2010 judicial retention elections in the shadow of Varnum v. Brien, the 2009 Supreme Court opinion recognizing same sex marriage. As the result of highly politicized campaign, three talented jurists lost their seats on the Court.

This commentary examines that election and offers a structural solution that might better protect constitutional rights against majoritarian intimidation.

The Elder Economic Security Initiative™: The Elder Economic Security Standard™ Index For Iowa, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for Iowa’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

What Happened In Iowa?, David Pozen

Faculty Scholarship

Reply to Nicole Mansker & Neal Devins, Do Judicial Elections Facilitate Popular Constitutionalism; Can They?, 111 Colum. L. Rev. Sidebar 27 (2011).

November 2, 2010 is the latest milestone in the evolution of state judicial elections from sleepy, sterile affairs into meaningful political contests. Following an aggressive ouster campaign, voters in Iowa removed three supreme court justices, including the chief justice, who had joined an opinion finding a right to same-sex marriage under the state constitution. Supporters of the campaign rallied around the mantra, “It’s we the people, not we the courts.” Voter turnout surged to unprecedented levels; the national …

Reminiscences, John A. Carver Jr.

The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)

7 pages.

The Constitutionality Of Iowa's Sex Offender Residency Restriction, Jacob Salsburg

University of Miami Law Review

No abstract provided.

From Nondiscrimination To Civil Marriage, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

As William Faulkner explained, we must be free not because we claim freedom, but because we practice it. This article analyzes the continuing constitutional struggle for civil rights on the basis of sexual orientation, concentrating on the constitution state's critique of its constitution. Connecticut is currently at the forefront of recognizing civil rights. Connecticut has ruled that discrimination against gay and lesbian persons is subject to intermediate scrutiny, which has historically been used to review laws that employ quasi-suspect classifications such as gender. Civil marriage for same sex couples is legal in Connecticut, Iowa, Maine, Massachusetts, New Hampshire and Vermont. …

Brief Amici Curiae Of Iowa Professors Of Law And History, Angela Onwuachi-Willig

Faculty Scholarship

This case calls upon the State of Iowa to reaffirm its historic commitment to protecting the equality and individual liberties of all of its citizens, including its lesbian and gay male citizens. It requires this Court to interpret Iowa’s unique constitution with due respect for both text and tradition. The case must be analyzed against the backdrop of Iowa’s leadership and courage in the areas of civil rights and family law, and the willingness of its judiciary to uphold constitutional mandates in the face of efforts to legislate prejudice and discrimination.

Plaintiff-Appellees seek nothing more than to share in the …

Proof Brief Of Professors Of Family Law And Jurisprudence As Amici Curiae In Support Of Plaintiff-Appellee, Angela Onwuachi-Willig

Faculty Scholarship

The plaintiffs in this case met their burden of demonstrating the irrationality of Iowa’s statutory exclusion of same-sex couples from marriage. They did this, in part, by presenting social science research regarding the irrelevance of sexual orientation to parental ability and the psychological and social well-being of children raised by same-sex parents. In addition to arguing that the marriage exclusion is irrational, the plaintiffs also alleged that the exclusion should be subject to heightened scrutiny because it violates the fundamental right to marry and discriminates on the bases of gender and sexual orientation. Amici agree that the exclusion of same-sex …

The Significance Of The Local In Immigration Regulation, Cristina M. Rodríguez

Michigan Law Review

The proliferation of state and local regulation designed to control immigrant movement generated considerable media attention and high-profile lawsuits in 2006 and 2007. Proponents and opponents of these measures share one basic assumption, with deep roots in constitutional doctrine and political rhetoric: immigration control is the exclusive responsibility of the federal government. Because of the persistence of this assumption, assessments of this important trend have failed to explain why state and local measures are arising in large numbers, and why the regulatory uniformity both sides claim to seek is neither achievable nor desirable. I argue that the time has come …

Governor's Task Force On Ethics Reform Materials: Part Two (Bibliography), Governor's Task Force On Ethics Reform

Governor Richardson's Task Force on Ethics Reform (2006)

This is a listing of citations of state laws governing governmental ethics. This list includes citations of material from state ethics commissions and the National Conference of State Legislatures.

Ethical Considerations In Land Use Decision Making: 2006 Annual Review Of Cases And Opinions, Patricia E. Salkin

Scholarly Works

This article reviews reported cases and opinions documenting allegations of unethical conduct involved in land use planning and zoning decision making in 2006.

State Legislative Update, Christopher Benne, Tracy Justis, Brandon Lawson, Marty Seaton

Journal of Dispute Resolution

As a response to a growing number of states enacting legislation regarding mediations 0 , the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the Dispute Resolution section of the American Bar Association, drafted the Uniform Mediation Act (UMA). The goal of the drafters in creating the UMA was to promote uniformity in an area of law that varied greatly from state to state. After observing the approach of several states , the drafters chose to place a broad confidentiality privilege for all mediation participants at the heart of the Act. In addition, the UMA requires the mediator …

Supervisors Individually Liable Under The Iowa Civil Rights Act, Tory L. Lucas

Faculty Publications and Presentations

Using federal law, Title VII of the Civil Rights Act of 1964, as a model, the State of Iowa enacted the Iowa Civil Rights Act of 1965 (ICRA) to strengthen anti-discrimination laws on a state level. But the ICRA was not simply a carbon copy of Title VII; instead, the ICRA contained its own unique language, which provided state-specific distinctions to further the interests of Iowans. For thirty-four years, it was an open question as to whether the ICRA authorized individual liability against supervisory employees — as opposed to only employers — for unlawful discrimination. In Vivian v. Madison, 601 …

Missouri River Basin: Balancing Upstream And Downstream Uses, John E. Thorson

Dams: Water and Power in the New West (Summer Conference, June 2-4)

20 pages (includes illustrations and maps).

Contains 1 page of references.

Opportunities For Innovation: State Strategies For Groundwater Protection, Larry Morandi

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

8 pages.

Contains references.